[OT] Fraud on Ebay Truck Purchase - Need some help

Maxim · Mar 20, 2008

So we got another one of those threads .....

My friend bought this dump truck on ebay. chevy 1963 C60 dump truck, truck was about 350 miles away but when both he and myself get talked to him and as listed on his add, we were assured the truck would drive 50-55 mph with no issues and had no major mechanical problems. Truck cost $3200.

With that in mind, he bought the truck and sent $200 paypal deposit and agreed on a date to get it.

When my friend gets there he picks up the truck but it wouldn't go past 30mph or so and the whole front end was totally shot and the tranny would pop in and out of gear repeatedly. :eek:

Over the phone it was described to me as a coffin on wheels.

After some haggling seller gave $2000 back pleading that he needed the rest immediately to pay off some urgent bills.

Is there any way to get the rest back? The truck was (upon inspection) not what was represented but I'm not sure how to go about filing a complaint in this case.

metalbizonline · Mar 20, 2008

I would have just paid the $200.00 deposit and asked to test drive before paying the balance.

If I wasn't happy with the test drive, I would have taken the vehicle to a remote location and asked for my $200 back if the guy wanted to ever see the truck again.

Given your situation, however, can you re-list it on ebay and fairly fetch the $1200.00 difference? That may be the only way you see any of your money back...legally.

dbc58 · Mar 20, 2008

Is the truck worth $1200? You are lucky to get the $2000 back.I know it burns but if I where you, I would consider how much my time is worth before persuing it. If this guy is that desperate, you could spend months on it, win all kinds of judgements, and he still would not be able to pay you. Been there, done that. $2000 would cover a lot of repairs.

s.s.bobk · Mar 20, 2008

I think the BUYER BEWARE rule applies. If he payed in full and drove away with no warranty, I believe he bought it, period. If the guy was willing to refund some of the money I would say, your freind got lucky. I personally would never buy sight unseen. You should make a refundable deposit to hold it so you can see it and test it. If someone won't agree to that, walk away.
I recently saw a story in the news about a guy who bought a newer Cadillac off of e-bay. He got it for half it's market price. He thought he got a really good deal, however, the police came and took the car because it was stolen and retitled. That poor guy was out of luck, they told him BUYER BEWARE. There was nothing he could do.

bikebuilder · Mar 20, 2008

The money is gone. When a ship is sinking what do you do?

Live and learn,

bb

Perry Harrington · Mar 20, 2008

You can't expect to get the $1200 back unless you give him the truck back. If he doesn't have the money, then you are stuck with a $1200 dump truck. The problems you describe are fixable. First, did it only go 30 because he didn't have the diff in high or the range box in high? Those trucks have either 2 speed rears or a range box. As for the tranny popping out of gear, that's due to a worn synchro. The tranny is probably an SM465, cheap to get and plentiful. It would cost probably $500 to have it rebuilt if the hard parts are good (no bad shafts or gears).

As for the front end, this is to be expected unless the seller says "rebuilt front end". You spend $500 in parts and rebuild the front end. This is probably got 4 ball joints, start there. You can also get the steering box rebuild or get reman.

All in all, if the guy is going to get sour over a truck that he agreed to pay $3200 for, but paid $1200 and would have it in better than used condition for the difference, too bad.

I wouldn't expect to get a cherry 1963 dump truck, just doesn't happen. I would expect to get a running engine and a truck that needs tires, brakes, and steering. As for the tranny, I'd just deal with it. The SM465 can be finicky, you gotta double clutch to get it into 1st, otherwise it'll pop out. I just used 2nd instead, works fine.

minder · Mar 20, 2008

As a general rule for eBay, I have a policy that if it is a high end item, especially Automobile's the guy has to have a long enough record and 100% FB or close to it, if a high negs or new seller, stay away.
M.

Maxim · Mar 20, 2008

I should probably made this clearer.

He brought the truck back and got $2000 out of the $3200 back.

Truck was unsafe and undrivable.

Perry Harrington · Mar 20, 2008

Ya know, after looking at the auction and going to http://www.chevyc60.com/ I think your buddy got a good deal. I also think your buddy doesn't have much experience with these. Before denigrating the seller completely, do some research on the truck and fix the minor problems it has. It probable has something amiss with the vacuum operated rear axle, causing the "popping out of gear" feeling, see the site above for reference.

I'd actually be really stoked to have that dump truck for only $1200. I could have that thing sorted out in a weekend and have a truck that was easy to get parts for and easy to work on. Not to mention the resale value, Ebay was the wrong place to sell that, Craigslist would get you more money and multiple buyers...

Perry Harrington · Mar 20, 2008

Well shoot, I think your buddy should have kept the truck, NEVER give back an item without full refund. He should go back and get the truck, have it towed if he has to.

s.s.bobk · Mar 20, 2008

I see more what your saying now. That guy was obviously out to screw someone. If he took the truck and 1200.00 he's a crook, however, I think it's legal. If someone will not refund your money based on your evaluation and disatisfation, that person is looking for someone to screw. I always ask before bidding on big dollar stuff, if I can get a refund if the product is not as I understand. The tow bill on that truck for any real long distance would be a fortune. Sounds unfortunate.

dbc58 · Mar 20, 2008

That's completely different. Small claims court is a possibilty. He's probably still trying to sell the truck to another "victim" right now. Another route is to see if you can put a lien against the truck. Good luck.

pfarber · Mar 20, 2008

If you do not have the truck you have no real bargaining power.

Sure, you could claim fraud, now prove it. Easier said than done.

If you have a receipt, title, bill of sale whatever you might threaten him with a Small Claims Court suit, but for $1200 good luck collecting it.

Sue him? For what? A busted truck?

Best case would be tell him you want the truck for $1200 or you'll call the cops for stealing. Yeah, its BS but if he's in a jam better to jam him up and make out even then be nice and be out $1200.

Sounds like your friend just paid $1200 for a class at the School of Hard Knocks.

pfarber · Mar 20, 2008

The seller, on e-bay, made specific and actionable claims. 'Will do 50mph easy' or whatever. If the item does not, you can nullify the contract and walk away clean, with ALL your money.

MetalShaver · Mar 20, 2008

He relisted the truck and this is his side of your story... Item number: 160220233211

Added 3/19/08 at 3:50 p.m.

To answer several peoples questions at the same time. Yes, this is the same truck that sold last week. The buyer paid $3200 for it and he is from Danville, VA. 354 miles from me. When he got here he rented a u-haul trailer and attempted to leave with the dump truck pulling the u-haul trailer with his Mini van on the trailer. The police pulled him over not far from my house because he did not have a tag on the truck. After inspection they determined he did have a transportation permit for the truck but it did not allow him to pull the trailer. So, after his dealt with the police he had 100 excuses why he did not want the truck. So, please if you get a permit to drive the truck, please make sure you know what it authorizes you to do. Yes, I think the truck will make it pretty much anywhere if you don't mind driving a 1963 truck. It is not a new car and will not drive like one.

Thanks,

Jamie

If he did not give your bud a total refund on the truck... your bud should put a stop to him selling it... till your bud works out the refund. I think I'd contact the L.L.E.A and file a complaint.

Maxim · Mar 20, 2008

Thats the right auction. Here is the direct link to it for anyone interested

http://cgi.ebay.com/ebaymotors/ws/e...m=160220233211&ssPageName=STRK:MEWA:IT&ih=006

Oddly enough the truck was missing the windshield wipers, there is no way it would pass road inspection. The brakes were pretty much shot, whether they were replaced 2 years ago or not.

The part about the tags is correct, but if the truck could do highway speeds that wouldn't be a problem.

So the guy lied about the truck being highway capable, what to do now? Whats the LLEA? Would ebay or paypal be of any help? I feel bad for the guy since he was stoked about this thing only to get a steaming pile of crap.

MetalShaver · Mar 20, 2008

L.L.E.A = Local Law Enforcement Agency.

All-in-all does not look like a bad truck old stuff needs work thats how it goes.

Question... How did your friend pay the 3K? If check pay $25 buck and stop payment on it. If cash... (bad way to pay) and if only a short trip till the cops pulled him over what happened to the money. I would not of left without a total refund for the truck or for that matter paid before a trip down the road upto speed for a few miles. But being as it is did your bud at least get a signed note for the balance owed? Also why would your bud go pick up a unknown vehicle 350 miles away alone with no chaser to field the trouble that comes from a purchase like this... be it clogged fuel filter or busted lines or whatever?

Sure could try ebay and paypal... item not as described. Or drive back with him and get the money or the truck.

hybidder · Mar 21, 2008

Looks like someone else took the bait. Too bad eBay no longer allows emails between members not involved or interested in becoming involved in a transaction....

SchneiderMachine · Mar 21, 2008

Looks now like the truck was sold with buy it now, I wonder what's going to happen next?
Dave

MetalShaver · Mar 21, 2008

I think the next thing that should happen... is for Maxim's bud to contact the guy and tellem' he'll be there to collect what's owed to him. Since he sold his truck.

[OT] Fraud on Ebay Truck Purchase - Need some help

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